Can I get 100% of my ex-spouse's Social Security if they die after our divorce?

The good news is that if your ex-spouse passes away, you would be eligible for survivor benefits as a divorced spouse, which means you could receive up to 100% of what your ex-husband was receiving (or would have received) at his full retirement age. This is true even though he remarried. To qualify for these survivor benefits as a divorced spouse: - Your marriage lasted at least 10 years (which yours did) - You are at least 60 years old (you are) - You haven't remarried before age 60 (you haven't) It doesn't matter that he remarried. His current spouse could also be eligible for survivor benefits, and this wouldn't affect your eligibility at all.

My mom went thru this exact thing!!! She was getting half of my dads SS after they divorced (30 yr marriage) and when he died she started getting his full amount. She had to go into the SS office with the death certficate tho. It took like 2 months to switch over. Hope that helps!

Yes, as a divorced spouse who was married for over 10 years, you would be eligible for survivor benefits if your ex passes away. This means you could receive up to 100% of his benefit amount if you claim at your full retirement age. Important things to note: 1. You can actually claim survivor benefits as early as age 60 (or 50 if disabled), but they will be reduced if claimed before your FRA 2. The survivor benefit amount depends on when your ex claimed benefits - if he claimed early, your survivor benefit may be reduced 3. You must apply for these benefits - they don't automatically convert 4. His remarriage doesn't affect your eligibility for survivor benefits as his ex-spouse Since you're 63, you could claim reduced survivor benefits now if he passes away, or wait until your FRA for the full amount. You might even consider a strategy of taking reduced survivor benefits now and switching to your own benefit at 70 if that would be higher (with delayed retirement credits).

Does anyone know how they notify you if your ex dies? My ex and I haven't spoken in 15 years and I wouldn't know if something happened to him.

i had a similar situation and i had to provide the death certificate to SSA. they were NOT helpful at all. took me calling like 50 times before i could even get anyone on the phone!!!! so frustrating

One critical point nobody has mentioned yet: your survivor benefit as a divorced spouse is NOT automatically 100% of his benefit. The actual amount depends on several factors: 1. If your ex-husband claimed before his FRA, your survivor benefit would be limited to the larger of his actual benefit or 82.5% of his PIA. 2. If you claim survivor benefits before your FRA (which is probably 66+4mo based on your age), your amount would be reduced - as much as 28.5% if claimed at 60. 3. There's a special rule called the RIB-LIM rule that might further limit your survivor benefit if he claimed early. And regarding notification - the SSA will NEVER notify you of your ex's death. You need to monitor this yourself and apply when it happens.

To answer your follow-up question about calculators - unfortunately, the SSA's online calculators don't handle survivor benefits for divorced spouses very well. Your best bet is to contact SSA directly and ask for an estimate based on your specific situation. At your current age (63), you have some strategic options worth considering: 1. If your ex is still living: you could claim reduced spousal benefits now (about 35% of his PIA instead of 50%), or wait until your FRA to get the full 50%. 2. If your ex passes away: you could take reduced survivor benefits as early as now, or wait until your FRA for the maximum amount. Keep in mind that your own benefit continues to grow until age 70, so depending on your health and financial situation, it might make sense to take ex-spouse or survivor benefits earlier and switch to your own benefit later if it would be higher.

To clarify the confusion about switching benefits: the rules changed with the Bipartisan Budget Act of 2015, but they're different for survivor benefits! If you're dealing with regular retirement benefits and spousal benefits, you're generally right that you can't freely switch back and forth anymore. When you file, you're deemed to be filing for all benefits you're eligible for. HOWEVER - and this is important - survivor benefits are treated differently. You CAN still switch between survivor benefits and your own retirement benefits. This means you could: 1. Take reduced survivor benefits as early as 60 and then switch to your own (potentially increased) retirement benefit at 70, OR 2. Take your own reduced retirement benefit as early as 62 and then switch to survivor benefits at your FRA This flexibility with survivor benefits remains one of the few claiming strategies still available after the 2015 law changes.

Does anyone know if you can collect survivors benefits if you remarry? I'm 58 and divorced after 22 years of marriage. My ex might not be in great health and I'm sorta seeing someone new...would getting remarried mess up my benefits if something happens to my ex?

The social security rules are so confusing!!! I'm 55 and haven't even started thinking about this stuff yet. Should I be worried?

Just wanted to add some clarification about the timing of survivor benefit applications. You mentioned wondering if you'd need to provide a death certificate - yes, you will need to provide certified copies of the death certificate when you apply. The SSA typically requires these to be recent (within the last 2 years) so if there's a delay in applying, you might need fresh copies. Also, regarding the automatic notification issue others mentioned - this is why it's smart to maintain some connection to mutual contacts or periodically check obituaries if you're in a situation where survivor benefits would be significant. Some people even set up Google alerts for their ex-spouse's name, though that might feel awkward. One more tip: if your ex-spouse does pass away and you're eligible for survivor benefits, don't delay in applying. While there can be some retroactive payments, you generally want to get the process started as soon as possible to avoid losing months of benefits.

As someone who went through this process recently, I wanted to share a few practical tips that might help. First, keep detailed records of your marriage dates and divorce decree - you'll need these when applying. The SSA will verify the 10-year marriage requirement. Second, regarding the notification issue several people mentioned - I actually found it helpful to stay connected with one of my ex's siblings on social media. Not in a weird way, but just so I'd know about major life events. It felt less awkward than other monitoring methods people suggested. One thing I learned that wasn't mentioned yet: if you're already receiving divorced spouse benefits when your ex passes away, the SSA may automatically convert you to survivor benefits if it would be a higher amount. But you should still contact them to make sure the conversion happens and that you're getting the maximum benefit you're entitled to. Also, don't forget that if you do remarry after age 60, you can potentially qualify for benefits based on multiple spouses' records (your new spouse and your ex) - you'd get whichever is higher. The rules are complex but it's worth understanding all your options.

I work as a benefits specialist and wanted to add some important details that might help with your planning. Regarding the 100% survivor benefit - this is accurate, but there are some nuances to be aware of. The survivor benefit is based on what your ex-spouse was receiving (or entitled to receive) at his death, not necessarily his full retirement age benefit. If he claimed early and received a reduced benefit, that reduction carries over to your survivor benefit with some complex calculations. One strategy worth considering given your ages: if your ex-spouse hasn't claimed yet and is still working, his benefit amount continues to grow until age 70 due to delayed retirement credits. This would increase your potential survivor benefit as well. Also, since you mentioned you're 63 and planning for retirement, you should know that you can actually claim regular divorced spouse benefits right now (reduced) without waiting for him to claim, as long as you've been divorced for at least 2 years. This might provide some income while you're deciding on your overall strategy. The key is to run the numbers on all possible scenarios - your own benefit at different claiming ages, divorced spouse benefits, and potential survivor benefits - to determine the optimal claiming strategy for your situation.

To answer your key question directly - yes, as a divorced spouse married for 10+ years, you would be eligible for survivor benefits up to 100% of your ex-husband's benefit amount if he passes away, regardless of his remarriage. However, I want to emphasize something crucial that some responses touched on but bears repeating: the actual survivor benefit amount depends heavily on WHEN your ex-husband claims his benefits. If he claims before his full retirement age, your survivor benefit could be significantly reduced from that theoretical 100%. Given that his projected benefit is $3,750/month versus your $1,850, this is a substantial difference worth planning around. A few strategic considerations for your situation: 1. Since you're 63 and divorced 15+ years, you could start reduced divorced spouse benefits now (around 35% of his benefit) without him needing to have claimed yet. 2. If he's still working and delays claiming until 70, those delayed retirement credits would increase your potential survivor benefit too. 3. You retain the valuable ability to switch between survivor benefits and your own retirement benefit to maximize your lifetime income. I'd strongly recommend getting a personalized benefit estimate from SSA that factors in these various scenarios. The online calculators don't handle divorced spouse situations well, so a phone consultation would be worth the effort to get accurate projections for your specific case.

To answer your follow-up question - yes, you would be able to switch from divorced spouse benefits to survivor benefits without any penalty or limitation! This is one of the few remaining flexible claiming strategies after the 2015 law changes. If you start taking reduced divorced spouse benefits now at 63, and your ex-husband passes away later, you could switch to survivor benefits and receive the full survivor benefit amount (assuming you wait until your FRA to claim the survivor benefit). The fact that you took reduced divorced spouse benefits earlier doesn't limit your survivor benefit amount - they're calculated independently. This could actually be a smart strategy in your situation: take some income now through reduced divorced spouse benefits, and then if the situation arises, switch to the potentially much higher survivor benefit. Given the significant difference between his projected benefit and yours ($3,750 vs $1,850), even a somewhat reduced survivor benefit would likely be substantially higher than your own retirement benefit. The key is understanding that survivor benefits have their own reduction schedule if claimed before your FRA, but taking divorced spouse benefits now doesn't affect that calculation. You'd essentially be starting fresh with survivor benefits if/when that becomes relevant. Definitely worth getting those specific projections from SSA to model out the different scenarios and timing options!

As someone who recently navigated this exact situation, I wanted to share a few additional considerations that might help with your planning. One thing that hasn't been mentioned is the potential impact of the Windfall Elimination Provision (WEP) or Government Pension Offset (GPO) if either you or your ex-spouse have government pensions. These can significantly reduce Social Security benefits, including survivor benefits. Also, regarding the notification issue others discussed - I found it helpful to periodically check the Social Security Death Master File (SSDI) online. There are several free services that let you search by name and approximate age. It's not foolproof, but it's another way to stay informed without having to maintain personal connections. One more strategic point: if your ex-spouse is significantly older than you, it might make sense to delay your own retirement benefits until 70 to maximize them, then potentially switch strategies if he passes away and survivor benefits become available. The age difference between spouses can really impact the optimal claiming strategy. The bottom line is that having a divorced spouse with substantially higher benefits gives you valuable flexibility that many retirees don't have. Just make sure to stay informed about his status and don't be afraid to revisit your strategy as circumstances change!

This thread has been incredibly helpful! I'm in a somewhat similar situation - divorced after 14 years of marriage, currently 59, and my ex-husband's projected benefits are about double what mine would be. Reading through all these responses, I'm realizing I need to start planning my Social Security strategy much more carefully. The point about being able to claim reduced divorced spouse benefits without him needing to have claimed yet is news to me - I thought I had to wait until he started collecting. One question I haven't seen addressed: does anyone know if there are any tax implications to consider when choosing between different benefit strategies? For instance, would survivor benefits be taxed differently than regular retirement benefits or divorced spouse benefits? I'm trying to understand the full financial picture, not just the gross benefit amounts. Also, for those who have actually gone through the process of applying for divorced spouse or survivor benefits, how much documentation did SSA require? I have my divorce decree, but I'm wondering what else I should be gathering now while I still have time to organize everything. Thanks to everyone who has shared their knowledge and experiences - this is exactly the kind of real-world guidance that's so hard to find elsewhere!

I wanted to add one more important consideration that hasn't been fully addressed yet - the impact of your own work history on these decisions. Since you're 63 and still planning for retirement, if you're still working and earning credits, your own benefit calculation continues to change each year until you claim. The SSA recalculates your benefit annually based on your highest 35 years of earnings, so continuing to work could potentially increase your own retirement benefit. This is worth factoring into your strategy, especially when deciding whether to claim reduced divorced spouse benefits now or wait. Also, I wanted to clarify something about the survivor benefit calculation that might not be clear from other responses: the survivor benefit is actually the higher of what your ex-spouse was receiving at death OR 82.5% of his Primary Insurance Amount (PIA). This means even if he claims early and gets a reduced benefit, your survivor benefit might still be higher than what he was actually receiving. Given the significant difference in your projected benefits ($3,750 vs $1,850), you're in a fortunate position to have multiple good options. I'd definitely recommend getting those detailed projections from SSA, but also consider consulting with a fee-only financial planner who specializes in Social Security strategies to help optimize your approach.

Based on all the excellent information shared in this thread, I wanted to summarize the key points for anyone else in a similar situation: **Yes, you can receive up to 100% of your ex-spouse's Social Security benefit as a surviving divorced spouse** if: - You were married 10+ years (✓ for you at 12 years) - You're at least 60 years old (✓ you're 63) - You haven't remarried before age 60 (✓ you're still single) - His remarriage doesn't affect your eligibility at all **Important nuances:** - The actual survivor benefit amount depends on when your ex claims his benefits - If he claims early, there are complex rules (like RIB-LIM) that might reduce your survivor benefit - You must apply yourself - SSA won't automatically notify you or convert benefits - You'll need a certified death certificate to apply **Strategic considerations for your situation:** - At 63, you could claim reduced divorced spouse benefits now (≈35% of his PIA) without waiting for him to claim - You retain flexibility to switch between survivor benefits and your own retirement benefits - Given the significant difference in your projected benefits ($3,750 vs $1,850), even reduced survivor benefits would likely exceed your own benefit - Your own benefit continues growing with delayed retirement credits until age 70 **Next steps:** Contact SSA for personalized projections and consider consulting a fee-only financial planner specializing in Social Security strategies to optimize your claiming approach given all these variables.